Terms of Service

Terms of Service SoCal Yacht Repair Effective Date: 01/20/2025

  1. Scope and Acceptance
  • These Terms govern all inspections, diagnostics, repairs, refits, upgrades, haul-outs, fabrication, parts sales, storage, and related services (Services) provided by SoCal Yacht Repair (Company) to the vessel owner, captain, or authorized agent (Customer).
  • By requesting or accepting Services, leaving a vessel or equipment in Company’s care, signing any estimate, or paying any invoice, Customer agrees to these Terms.
  1. Estimates, Authorization, and Change Orders
  • Estimates are good-faith, non-binding projections based on observable conditions; actual costs may vary due to hidden conditions or additional work required to meet safety, regulatory, class, or manufacturer standards.
  • Customer authorizes Company to proceed up to the estimate amount plus a 10% variance. Additional scope requires written approval via change order (email/text acceptable).
  • Diagnostics, inspections, sea-trial time, haul/launch, and testing are billable regardless of subsequent repair authorization unless expressly waived in writing.
  1. Payment Terms
  • Payment is due in full at time of service completion or upon presentation of invoice; vessel, keys, and documentation are released only after cleared payment.
  • Progress/partial payments: For multi-phase or large projects, progress invoices will be issued based on milestones or time-and-materials; work may be paused and schedules adjusted if progress payments are not received.
  • Vessel management autopay: Management-plan customers must maintain active autopay for plan fees and all related services, parts, and materials; recurring charges are authorized to the designated method.
  • Parts payment: All parts must be paid for at the time of purchase or ordering. On large projects, parts may be invoiced and charged separately and more frequently.
  • Accepted methods: Cash, major credit/debit cards, ACH/bank transfer, or wire. Card or finance fees may apply if disclosed on the invoice or rate sheet.
  • Late amounts: Past-due balances accrue interest at the lesser of 1.5% per month or the maximum permitted by law. Customer is responsible for reasonable collection costs, attorneys’ fees, and bank/chargeback fees.
  • Nonpayment remedies: Company retains a maritime/mechanic’s and possessory lien and may retain possession, cease work, and pursue statutory
  1. Parts and Materials
  • All parts must be paid for at the time of purchase or ordering. On large projects, parts invoices may be issued separately and more frequently.
  • Special-order parts are non-cancellable and non-returnable; approved returns may incur restocking, freight, and handling fees.
  • Company may supply OEM or equivalent aftermarket parts at its discretion unless Customer requests OEM-only in writing and accepts added cost or delay.
  • Core charges, environmental fees, freight, and shop supplies may be added to invoices.
  1. Warranties and Refunds
  • Unless expressly stated in writing, all work and parts are provided “as is,” non-refundable, with no warranty or guarantee, express or implied, including merchantability or fitness for a particular purpose.
  • Any written warranty provided by Company defines exclusive remedies. Manufacturer warranties (if any) pass through to Customer.
  1. Delays and Force Majeure
  • Company is not liable for any delay, rescheduling, or failure to perform caused by: weather, sea state, tides, unexpected conditions, hidden defects, additional needed repairs, parts/material shortages, supplier or shipping delays, yard/marina or vendor scheduling, labor shortages, power/water outages, strikes, epidemics, government orders, acts of God, or any cause beyond Company’s reasonable control.
  • Access-related delays: Company is not responsible for delays caused by lack of or delayed access to marinas, shipyards, docks, slips, gated facilities, or the vessel itself (including missing keys/codes, gate lists, security holds, berth unavailability, or Customer’s failure to secure permissions or arrange moves/haul-outs).
  • Schedules are estimates only and may be adjusted without liability. Additional time and costs arising from such events will be billed at posted rates.
  • If a force majeure event exceeds 30 days, either party may suspend or terminate affected work by written notice; Customer remains responsible for Services rendered, parts ordered, storage/lay-days, and restocking or cancellation fees.
  1. Haul-Outs, Sea Trials, and Yard Hazards
  • Customer authorizes Company to move, dock, berth, haul/launch, and sea-trial the vessel as needed, using Company personnel or subcontractors.
  • Customer acknowledges inherent risks in haul-outs, blocking, pressure-washing, prop/shaft alignment, blister repair, coring, and similar operations. Pre-existing or hidden conditions (e.g., osmosis, saturated cores, corrosion, fatigued fasteners, brittle hoses/wiring) may be revealed or worsen; Company is not liable for such conditions.
  1. Access and Security
  • Customer will provide keys, access codes, alarm instructions, and safe access. Company may secure the vessel and remove items that impede work. Customer should remove valuables; Company is not responsible for loss of unsecured personal items.
  1. Storage, Berthing, and Completion
  • After notice of substantial completion or invoicing, storage/lay-day or dockage fees may accrue at posted rates. Risk of loss remains with Customer. Uncollected or unpaid vessels may be treated as abandoned after required notices under applicable law.
  1. Risk of Loss; Insurance
  • Company is not an insurer of the vessel, equipment, or contents. Risk of loss or damage remains with Customer except to the extent caused by Company’s proven gross negligence or willful misconduct.
  • Customer must maintain hull and P&I/liability insurance with limits adequate for the vessel and operations, naming Customer as insured. Proof of active coverage may be required before haul-outs, sea trials, or release.
  • Customer bears risks from theft, fire, vandalism, weather, sea state, acts of God, vermin, electrolysis/galvanic action, and pre-existing or latent defects.
  • Customer shall promptly notify its insurer of any incident and pursue coverage; Company will reasonably cooperate but is not responsible for insurer delays, denials, deductibles, or depreciation.
  • Any claim must be reported to Company in writing within 5 business days of discovery and in all cases before the vessel leaves Company’s control, or the claim is waived.
  1. Maritime Lien; Possessory Lien
  • Company holds a maritime/mechanic’s and possessory lien on the vessel, gear, and appurtenances for all charges. Company may retain possession until paid in full and may pursue sale or other remedies after giving required statutory notices.
  1. Subcontractors and Assignment
  • Company may use qualified subcontractors. Company may assign invoices/receivables for financing; Customer’s obligations remain unchanged.
  1. Environmental Compliance and Fees
  • Customer agrees to comply with all environmental, yard, and marina rules. Environmental, waste disposal, hazardous material handling, and spill-response fees may be charged. Customer is responsible for spills or contamination caused by Customer or the vessel.
  1. Parts Equivalents; Cores
  • Unless specified in writing, Company may use OEM or equivalent parts. Core charges may apply; credits issued only upon timely return of acceptable cores per supplier terms.
  1. Diagnostics and Test Fees
  • Troubleshooting, surveys, report writing, software updates, calibration, and sea-trial time are billable at posted rates, independent of subsequent repair decisions.
  1. Limitation of Liability
  • Limitation of Liability
  • To the maximum extent permitted by law, Company’s total aggregate liability for any claim arising out of or related to the Services, the vessel’s presence in Company’s care, or these Terms shall not exceed the lesser of: (a) the amount Customer actually paid to Company for the specific Service giving rise to the claim within the preceding 12 months, or (b) $1,000.
  • No consequential damages: Company is not liable for consequential, incidental, indirect, special, exemplary, punitive, or loss-of-use damages, including lost charter revenue, lost moorage, lost time, loss of market, diminution in value, or substitute vessel costs.
  • Exclusive remedies: Customer’s sole and exclusive remedies are repair, re-performance, or refund up to the above cap, at Company’s election, unless a separate written warranty provides otherwise.
  • Allocation of risk: Prices are set in reliance on these limitations; they form an essential basis of the bargain. These limitations apply regardless of theory (contract, tort, warranty, statute) and even if a remedy fails of its essential purpose, but do not limit liability to the extent caused by Company’s willful misconduct or gross negligence where such limitation is prohibited by law.
  1. Indemnification
  • Customer will defend, indemnify, and hold Company, its owners, employees, and subcontractors harmless from claims, damages, fines, and costs arising from Customer’s negligence, misuse, failure to disclose vessel conditions, or breach of these Terms.
  1. Compliance and Yard Rules
  • Customer agrees to follow posted yard/marina rules, security protocols, and local, state, and federal regulations. No outside contractors without prior written approval and proof of insurance.
  1. Communication and Notices
  • Estimates, approvals, change orders, invoices, and notices may be delivered by email or text to the contact information Customer provides and are deemed received upon sending.
  1. Dispute Resolution; Governing Law; Venue
  • Good-faith negotiation first; if unresolved, binding arbitration under AAA Commercial Rules before a single arbitrator.
  • Governing law: the state in which Services are performed, without regard to conflicts principles; venue for any court proceedings to enforce arbitration or liens is in that county.
  1. Collection Costs; Interest; Chargebacks
  • Past-due balances accrue interest at the lesser of 1.5% per month or the maximum allowed by law. Customer is responsible for reasonable attorneys’ fees, collection agency fees, court costs, and bank fees. Unauthorized chargebacks constitute breach.
  1. Ownership and Authority
  • Customer represents and warrants that they are the legal owner of the vessel or an authorized agent/captain with full authority to approve Services and incur charges.
  • Customer will provide registration/documentation and photo ID upon request and disclose any liens, mortgages, or financing interests on the vessel.
  • If multiple owners or an owner’s association exists, any one authorized party may approve work and all owners are jointly and severally liable for charges.
  • Customer will promptly notify Company of any change in ownership or authority; approvals and charges made before notice remain the Customer’s responsibility.
  1. Emergency Authorization
  • If immediate action is reasonably necessary to protect life, property, or prevent environmental harm, Company may act without prior approval and bill at emergency rates.
  1. Data and Privacy
  • Company may collect Customer contact details, vessel information, service history, and images for documentation, safety, and quality control. Data is used for providing Services and lawful business purposes. Customer consents to reasonable onboard photos for documentation.
  1. Mobile and On-Water Service
  • For mobile jobs, travel time, mileage, tolls, mooring/launch fees, and standby/wait time are billable. Customer is responsible for safe dockage and access; unsafe conditions may result in rescheduling and additional charges.
  1. Safety; Fuel and Systems
  • Customer must disclose known hazards, fuel leaks/contamination, lithium or other high-energy batteries, installed monitoring or security systems, and any prior nonstandard modifications. Company may refuse or stop work if conditions are unsafe.
  1. Customer-Supplied Parts
  • Company may decline to install customer-supplied parts. If accepted, no warranty applies to the parts or related labor, and additional labor may be billed for incompatibility, defects, or missing components.
  1. Photographs, Records, and Publicity
  • Company may document work with photographs/video for records. Marketing use of images identifying the vessel requires Customer consent.
  1. Severability
  • If any provision of these Terms is found unenforceable, the remainder will remain in full force, and the provision will be enforced to the maximum extent permitted.
  1. Entire Agreement; Updates
  • These Terms, any signed estimate, work order, rate sheet, and written change orders constitute the entire agreement and supersede prior discussions. Company may update Terms by posting revised terms; updates apply to future Services after notice.
  1. No Waiver
  • Failure to enforce any provision is not a waiver of the right to enforce it later.
  1. Headings
  • Headings are for convenience only and do not affect interpretation.
  1. Contact Information
  • SoCal Yacht Repair
  • Email: [insert email]
  • Phone: [insert phone]
  • Address: [insert address]
  • Office Hours: [insert hours]

Customer Acknowledgment By requesting or accepting Services, Customer acknowledges and agrees to these Terms as of the Effective Date.